(HC) Shrader v. Garland ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS C. SHRADER, ) Case No.: 1:21-cv-01229-DJC-CDB (HC) ) 12 Petitioner, ) ) 13 v. ) ) ORDER 14 MERRICK B. GARLAND, et al., ) ) 15 Respondent. ) ) 16 ) ) 17 ) ) 18 ) 19 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of 20 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United 21 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On May 22, 2023, the Magistrate Judge filed findings and recommendations 23 herein which were served on all parties, and which contained notice to all parties that 24 any objections to the findings and recommendations were to be filed within fourteen 25 days. The Petitioner has filed objections to the findings and recommendations. 26 The Court presumes that any findings of fact are correct. See Orand v. United 27 States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 28 1 are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 2 | (9th Cir. 1983). The Court has reviewed the file and finds the findings and 3 | recommendations to be supported by the record and by the Magistrate Judge's 4 | analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The Findings and Recommendations issued on May 22, 2023 (Doc. 33) 7 are ADOPTED in full. 8 2. The petition for writ of habeas corpus (Doc. 17) is DENIED. 9 3. Petitioner's second motion for summary judgment (Doc. 40) is denied as 10 MOOT. 11 4. The Court declines to issue the certificate of appealability referenced in 12 | □□ U.S.C. § 2253 as Petitioner has not made a substantial showing of the denial of a 13 | constitutional right, see 28 U.S.C. § 2253(c)(2). 14 5. The Clerk of the Court is directed to close the case. 15 16 IT IS SO ORDERED. 17 | Dated: _September 30, 2024 “Daal J CoO □□□□ Hon. Daniel alabretta 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28